In order for a child to be eligible for supplemental benefits the department shall determine that the child legally is free for adoption, the child has been placed for adoption by the department, and one of the following provisions applies to the child:
(1) is a special needs child pursuant to Section 63-9-30;
(2) is at high risk of developing a physical, mental, or emotional disability;
(3) is one for whom other factors, as determined by the department, interfere with the child's ability to be placed for adoption;
(4) has established significant emotional ties with prospective adoptive parents while in their care as a foster child, and it is considered by the agency to be in the best interest of the child to be adopted by the foster parents.